Mr. Brown of
Massachusetts introduced the following bill; which was read twice and
referred to the Committee on
Finance

A BILL

To protect senior citizens, disabled persons, veterans,
and other beneficiaries and customers of the Social Security Administration by
reforming the process for closure of field offices.

1.

Short
title

This Act may be cited as
the Good Neighbor Social Security
Office and Community Protection Act of 2012.

2.

Findings

Congress finds that:

(1)

As of March 2012, more than 61,000,000
Americans received benefits from the Social Security Administration.

(2)

Americans depend upon convenient access to
Social Security Administration field offices.

(3)

The Social Security Administration faces
growing financial constraints consistent with the fiscal emergency faced by the
Nation.

(4)

Americans rightly expect the Social
Security Administration to meet its financial objectives through methods that
preserve service standards to the highest degree possible.

(5)

The Social Security Administration is in
the process of closing large numbers of field offices in an effort that is
expected to last several years.

(6)

The Social Security Administration is
closing field offices without adequate community input and process
transparency.

(7)

The shortcomings in the Social Security
Administration's process for closing field offices are due in part to an
absence of a statutorily defined field office closure procedures that protect
the interests of all interested parties.

(8)

Social Security beneficiaries and the
communities surrounding Social Security field offices deserve notice of office
closures, an opportunity to offer comment and have those comments given due
consideration, and a clear plan to minimize service disruption from an office
closure.

3.

Definitions

In this Act:

(1)

Administration

The
term Administration means the Social Security
Administration.

(2)

Closure

The
term closure includes any realignment, consolidation, or merger of
an Administration field office.

(3)

Commissioner

The
term Commissioner means the Commissioner of Social
Security.

(4)

State

The
term State means each of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northen Mariana Islands.

4.

Guidelines and
standardized procedures for closure of Social Security Administration field
offices

(a)

Guidelines for
identification of offices for possible closure

Not later than 180 days after the date of
enactment of this Act, the Commissioner shall develop and publish—

(1)

financial guidelines that may be used to
identify Administration field offices for possible closure; and

(2)

standardized closure procedures that meet
the requirements of section 5.

(b)

Non-Binding

The financial guidelines and standardized
closure procedures developed under subsection (a) shall provide that
identification of an Administration field office for possible closure shall not
require the Commissioner to begin closure procedures for any field office
identified as a result of the application of such guidelines or the initiation
of such procedures.

5.

Requirements for
closure of Social Security Administration field offices

(a)

Office closure
and service continuity proposal

In any case where the Commissioner has
identified an Administration field office for possible closure as a result of
the application of the financial guidelines developed under section 4 and
decides to initiate procedures to close that field office, the Commissioner
shall develop an office closure and service continuity proposal for the office
that contains the following information:

(1)

The financial justification for the
proposed office closure, with estimated savings in costs relating to real
estate, labor, and miscellaneous expenses.

(2)

The estimated cost of the office
closure.

(3)

Data for monthly customer traffic at the
office.

(4)

The location of the two nearest
Administration field offices that would remain open after the office
closure.

(5)

The estimated travel time, by private
vehicle and public transit, from the Administration field office proposed for
closure and the two nearest Administration field offices that would remain open
after the office closure.

(6)

The steps the Administration plans to take
to mitigate any hardship created by the office closure.

(7)

The names and addresses of governmental
agencies and community organizations to be notified in accordance with
subsection (b).

(8)

The postal and electronic addresses for
which public comments may be sent in accordance with subsection (c).

(b)

Notices
required prior to final closure decision

(1)

In
general

Not less than 90 days prior to the proposed closure date
for an Administration field office, the Commissioner shall—

(A)

provide copies of
the office closure and service continuity proposal developed for the
Administration field office to—

(i)

the chief executive office of the State in
which field office proposed for closure is located;

(ii)

the chief executive officers for the county
and city government jurisdictions in which the field office proposed for
closure is located; and

(iii)

the head of the social services agencies
that receive Federal funds that are located within a 10-mile radius of the
field office proposed for closure;

(B)

publish the proposal in newspapers whose
circulation area includes areas served by the field office proposed for
closure; and

(C)

broadcast the
proposal over Federally licensed radio stations whose broadcast area includes
areas served by the field office proposed for closure.

(2)

Records

The
Commissioner shall maintain records of the dates on which the notices,
publications, and broadcasts required under paragraph (1) are made.

(c)

Public comment
required prior to final closure decision

(1)

In
general

The Commissioner
shall hold at least 1 hearing at which public comments may be made prior making
any final decision to close an Administration field office. The Commissioner
also shall provide postal and electronic addresses for which written comments
regarding the proposed closure may be submitted.

(2)

Notice

The date and time for the public comment
hearing on the proposed closure of an Administration field office shall be
included in the notices, publications, and broadcasts required under subsection
(b).

(3)

Timing

The public comment hearing shall be held at
least 21 days after notice of the date and time for the hearing is made in
accordance with paragraph (2) and at least 60 days prior to the proposed
closure date for the Administration field office.

(4)

Attendance

The
Regional Commissioner for the region in which the Administration field office
proposed for closure is located shall attend the public comment hearing. Only
in cases where Regional Commissioner is, in good faith, unable to attend the
hearing, may a designated representative attend the public comment hearing in
lieu of the Regional Commissioner.

(5)

Format

The public comment hearing shall be
conducted as follows:

(A)

The hearing shall begin with a presentation
by the Commissioner of the case for closure of the field office.

(B)

The hearing shall then provide at least 1
hour following the conclusion of the presentation of the case for closure for
comments from elected officials.

(C)

Following the conclusion of the period for
comment from elected officials, the hearing shall then provide at least 1 hour
for comments from the public.

(6)

Records

The Commissioner shall maintain a record of
the comments provided at the hearing and shall include in the record any
written comments received regarding the proposed closure of the field office.
The Commissioner shall publish the record on the Administration Web site within
5 days after the conclusion of the public comment hearing.

(d)

Final closure
decision

(1)

In
general

The Commissioner
shall issue a final closure decision regarding an Administration field office
only after review of the comments received regarding the closure and evaluation
of any alternatives to closing the office that are made at the public comment
hearing or through written submission.

(2)

Notice

Notice of the Commissioner's final closure
decision with respect to an Administration field office shall be published on
the Administration Web site and shall be distributed, published, and broadcast
in the same manner as notice of the office closure and service continuity
proposal is made under subsection (b).

(3)

Decision to
close

If the Commissioner's final closure decision is to close a
field office, the Commissioner shall amend the office closure and service
continuity proposal for the field office to incorporate additional information
obtained during the public comment period.

(4)

Timing

Notice of the Commissioner's final closing
decision shall be provided at least 45 days prior to a closing date for a field
office.

(e)

Additional
requirements

The Commissioner shall continue to operate an
Administration field office proposed for closure in good faith and with the
assumption of continued service, until notice of the Commissioner's final
closure decision is made. The Commissioner shall not take any action to close
an Administration field office prior to providing notice of the Commissioner's
final closure decision, including—

(1)

terminating or
providing notice to terminate any real estate lease, rental, or similar
arrangement;

making
expenditures related to the proposed office closure, except those necessary to
fulfill the requirements of this Act; and

(4)

entering into contracts related to the
proposed office closure, except those necessary to fulfill the process
requirements of this Act.

(f)

Extensions of
time for closure

The Commissioner may—

(1)

toll any time
periods for action established by this Act, provided that an equivalent delay
in the proposed closing date is made; and

(2)

delay the proposed closing date for an
Administration field office at any time in the closing process, including, if
the final closure decision is to close the office, after making that
decision.

6.

Non-applicability
to disposal of real property related to closed offices

Nothing in this Act shall be construed to
prevent or delay the speedy disposal of surplus Government real property,
including any Administration field offices closed in accordance with the
requirements of this Act.